bill limiting charter school expansion requests

The text as introduced · 673 words

89R3430 CMO-F

By: Bernal
H.B. No. 756

A BILL TO BE ENTITLED

AN ACT

relating to the requirements for the revision of a charter for an

open-enrollment charter school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 12.1101, Education Code, is amended to

read as follows:

Sec. 12.1101. NOTIFICATION OF CHARTER APPLICATION [ OR

ESTABLISHMENT OF CAMPUS ]. The commissioner by rule shall adopt a

procedure for providing notice to the following persons on receipt

by the commissioner of an application for a charter for an

open-enrollment charter school under Section 12.110 [ or of notice

of the establishment of a campus as authorized under Section

12.101(b-4) ]:

(1) the superintendent and the board of trustees of

each school district from which the proposed open-enrollment

charter school or campus is likely to draw students, as determined

by the commissioner; and

(2) each member of the legislature that represents the

geographic area to be served by the proposed school or campus, as

determined by the commissioner.

SECTION 2. Section 12.114, Education Code, is amended to

read as follows:

Sec. 12.114. REVISION. (a) A revision of a charter of an

open-enrollment charter school that is not an expansion revision

may be made only with the approval of the commissioner. An

expansion revision, as defined by commissioner rule, may be made

only in the manner provided by this section.

(b) Not more than once during each biennium [ each year ], an

open-enrollment charter school may request approval of an expansion

amendment to:

(1) increase [ to revise ] the maximum allowable student

enrollment described by the school's charter ;

(2) add a new campus or site;

(3) relocate an existing campus or site more than five

miles from the current location;

(4) extend the grade levels described by the school's

charter; or

(5) expand the geographic boundaries described by the

school's charter .

(c) A [ Not later than the 60th day after the date that a ]

charter holder shall submit [ submits ] to the commissioner a

completed request for approval for an expansion amendment . A

request for approval submitted under this section must include

information needed for an evaluation of the charter holder as

provided by Subsection (d).

(d) The commissioner shall thoroughly review a request for

approval for an expansion amendment and ensure approval of the

request is in the best interest of all students in the state. The

commissioner may not approve a request if during each of the two

years preceding the date of the request the open-enrollment charter

school has not served the lesser of:

(1) the state average of students eligible to receive

services under Subchapter A, Chapter 29; or

(2) the average of students eligible to receive

services under Subchapter A, Chapter 29, in the largest school

district in which the charter school operates a campus.

(e) The commissioner may not waive the requirements of

Subsection (d).

(f) The [ , as defined by commissioner rule, including a new

school amendment, the ] commissioner shall provide to the charter

holder written notice of approval or disapproval of an [ the ]

amendment requested under this section .

(g) [ (d) ] A charter holder may submit a request for approval

for an expansion amendment up to 36 months before the date on which

the expansion will be effective. A request for approval of an

expansion amendment does not obligate the charter holder to

complete the proposed expansion.

SECTION 3. Sections 12.101(b-4) and (b-10), Education Code,

are repealed.

SECTION 4. The changes in law made by this Act apply only to

a request for approval of a revision to the charter of an

open-enrollment charter school submitted on or after the effective

date of this Act. A request submitted before the effective date of

this Act is governed by the law in effect on the date the request was

submitted, and the former law is continued in effect for that

purpose.

SECTION 5. This Act takes effect September 1, 2025.